For this activity, we'll be taking what you've learned about the IRAC process and practicing on a hypothetical case, Mike v. Amy. You'll need to read the IRAC handout posted for this week, and watch the videos posted about the IRAC process. This Application Problem will require you to answer four questions, which are basically the four components of the IRAC analysis a court in this case would have to complete. In other words, youll have to state what the Issue is in the case that the court has to decide, state what the Rule or laws are that the court should apply, state how the rules apply the rules to the facts of the case, and explain your analysis of how the rule applies to the facts of the case. This will be your "A" step for the Analysis/Application. then state the Conclusion you think the court will reach.

IRAC is a VERY important part of this course, and any law course, because it's the process used to decide ALL legal cases and problems. So everyone should make sure you check back to see my response to this discussion so that you can see if you were on the right track. And feel free to ask questions about the process or this problem during our video office hours. Heres the case: Mike Benavides and Amy Haroutian are both coaches on the Los Angeles Valley College rock climbing team. They dated for three years until, last October, Amy found out that Mike had badmouthed him to their boss so that he could get promoted to head coach. Their relationship had already been strained before that because for months, Amy had been promising Mike she would quit smoking. Mike had always hated the fact that Amy smoked and Amy always agreed that it was bad for her own health, but also that the second hand smoke was bad for him. And yet, for the past five years he constantly found her trying to sneak cigarettes behind his back, in his apartment when he wasnt there and his car. Still, after their breakup, he wanted her back and on the first day back at school, decided to try to do something about it. He brought her flowers and gave them to her at the end of the day. She promptly threw them in the trash and walked out the gym. He followed her to her car, despite her repeatedly telling him to leave her alone. He began doing this every day. One day, as he followed her to her car for the fifteenth time, they got into an argument. He told her he wouldnt chase her forever, and that she would regret losing him. She told him to get lost. His ego wounded, Mike began yelling and calling Amy names. She got into her car but before she did, calmly lit a cigarette and blew a big puff of smoke right into his Mikes face. Then she drives off. Mike spends days thinking of how to make her life worse, until he remembers something he learned when he took Business Law 1 years back: the tort of battery. He files a lawsuit against Amy, alleging she committed the tort of battery when she blew the smoke in his face. He demands $5,000 in damages in his lawsuit. California law regarding batter requires that to establish battery, a plaintiff must show: (1) there was physical contact made by the defendant with the plaintiff; (2) the physical contact was harmful or offensive; and (3) the physical contact was non-consensual (in other words, the plaintiff had not consented to the contact. Using only the facts above and what these facts tell you about the law regarding battery, complete your own IRAC analysis in which you apply the law to the facts of the case and predict the likely outcome of Mikes battery lawsuit against Amy. Your answer format should be in this outline format:

ISSUE: What is the Issue in the Case? (Remember, the Issue should be the question for which the court has to determine an answer. So your answer for this section should be in the form of a question. _______________________________________________ _______________________________________________

RULES(S): What are the relevant laws that a court would have to apply to this case in order to determine the answer to the Issue? ________________________________________________ _________________________________________________

APPLICATION: In this section, you need to actually apply the relevant laws/rules (and elements of the rule if there are multiple elements) to the facts of the case and see if the requirements or elements of the relevant laws are met. This is the most important section of the IRAC process and should be the longest part of your IRAC outline answer. _________________________________________________ _________________________________________________ _________________________________________________

CONCLUSION: In this section you are basically answering the question that is being asked as the Issue in the case. In other words, what do you predict a court would decide in this case? __________________________________________________ __________________________________________________